Digital Commons Network^™

Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh Goodmark

Journal of Law and Policy

No abstract provided.

The Development Of Domestic Violence As A Legal Field: Honoring Clare Dalton, Elizabeth M. Schneider, Cheryl Hanna

Journal of Law and Policy

No abstract provided.

Protecting Tenants At Foreclosure By Funding Needed Repairs, Steven T. Hasty

Journal of Law and Policy

No abstract provided.

Failing To Realize Nicholson'S Vision: How New York's Child Welfare System Continues To Punish Battered Mothers, Jaime Perrone

Journal of Law and Policy

No abstract provided.

Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Karla M. Mckanders, Raquel Aldana, Beth Lyon

Vanderbilt Law School Faculty Publications

This paper explores the adoption of best practices for the admission and graduation of undocumented students as lawyers and promoting their integration into the legal profession. Law schools are already both knowingly and unknowingly admitting and graduating undocumented students. It is our contention in this paper, after careful analysis, that no law precludes law schools from admitting undocumented students, offering them in-state tuition or other types of private and even public financial aid in states that permit it, or allowing them to participate fully in the law schools’ educational opportunities. We acknowledge that there are tensions around the decision to …

Islamic Law Meets Erisa: How America's Private Pension System Unintentionally Discriminates Against Muslims And What To Do About It, Beverly I. Moran

Vanderbilt Law School Faculty Publications

This article asks whether Muslims whose religious beliefs prevent investment in their employers’ private pension plans have a right to religious accommodation. This is a real issue for a growing part of the population whose spiritual lives are governed by rules that prohibit the giving or taking of interest. As one might expect, the investments available through most American pension plans involve some aspect of interest making those investments unsuitable retirement vehicles for devote Muslims. Consequently, in order to secure their retirement income, Muslims are faced with either violating their religious beliefs, losing years of investment opportunity as they wait …

A New Global Legal Order, With Or Without America: The Case For Accrediting Foreign Law Schools, Sabina Schiller

Emory International Law Review

What David Wilkins has to say might scare the bejesus out of you. In a speech to the American Bar Association's ("ABA's") House of Delegates at the 2010 Annual Meeting, the Harvard law professor, speaking animatedly in an appropriately enthusiastic suit, admits precisely as much immediately before divulging to the crowded room that the American legal profession is currently undergoing substantial upheaval. The times are tumultuous, Wilkins intones. Our current but uncertain existence could ultimately reveal itself as amounting to an epic paradigm shift; alternatively, the current turmoil may just be a temporary blip, and the world may soon return …

The Clinical Mission Of Justice Readiness, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Law schools strive to teach students to be practice ready. That noble goal, however, is not enough. Because of the powerful role that lawyers play in society, educators must also teach students to be “justice ready.” Justice ready graduates are able to recognize injustice and appropriately evaluate the consequences of their actions in a way that mere practice readiness does not teach. The traditional law school curriculum fails to teach justice readiness, instead inculcating in students a penchant for the status quo—an unjust and unchanging social order. Clinical education is the solution for creating justice ready graduates. Its use of …

The Role Of Equipoise In Family Law, Deborah Cantrell

Publications

Scholars reviewing family law over the last twenty years have described the field as having undergone a revolution. While true, both scholars and front-line family law advocates have failed to invent a satisfying end to the revolution. This Article takes up that challenge and offers a novel way forward, It identifies two translation challenges that have prevented the revolution from reaching its end. The first challenge is translating reform so that its benefits accrue equally across all kinds of participants--rich and poor, those with lawyers and those without. The second challenge is translating theory into on-the-ground practices useful to family …

Lawyers, Loyalty And Social Change, Deborah J. Cantrell

Publications

Fundamentally, cause lawyers engage in their work to make social change. Scholars of cause lawyering have generated a robust and rich literature considering important issues, such as what kinds of advocacy strategies best generate social change and what features of the relationship between cause client and cause lawyer are critical to an engaged and mutual relationship. But, the literature has neglected a key aspect of the cause lawyer and client relationship: whether the particular kind of loyalty that exists as between them hinders or helps in achieving social change. This Article fills that void. It first illuminates the particular features …

The Crisis Of The American Law School, Paul Campos

Publications

The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …

Clinical Faculty In The Legal Academy: Hiring, Promotion, And Retention , Bryan L. Adamson, Calvin Pang, Bradford Colbert, Kathy Hessler, Katherine Kruse, Robert Kuehn, Mary Helen Mcneal, David Santacroce

Faculty Articles

No abstract provided.

The Vanishing Plaintiff, Brooke D. Coleman

Faculty Articles

What if restrictive procedural rules kept cases like Bakke v. Regents of the Univ. of Cal., Monell v. Dept. of Soc. Servs., and Hopkins v. Price Waterhouse from making it past a motion to dismiss and on to the Supreme Court? A case like Bakke is well-known for its holding about the use of race in admissions policies. But imagine that Alan Bakke was never able to get his original trial court complaint past a motion to dismiss, through discovery, and on to a final, appealable judgment. While reasonable people can disagree about the merits of Bakke, it …

Painting Beyond The Numbers: The Art Of Providing Access In Law School Admissions To Ensure Full Representation In The Profession, Paula Lustbader

Faculty Articles

No abstract provided.

Un-Apologizing For Context And Experience In Legal Education, John Mckay

Faculty Articles

This Essay accompanies the Fifth Annual Symposium at Creighton University School of Law addressing the rapidly changing legal profession and our not-so-rapidly changing legal education and law school pedagogy. The Symposium's focus on the changing practice of law provides an opportunity to reconsider the woefully incomplete effort by law schools to respond to the challenge of the Carnegie Report and its many preceding critics. Rather than merely pile on, however, this Essay suggests that Jesuit law schools in particular might have something to offer their colleagues-an experiential teaching style grounded in centuries old pedagogy inspired by the founder of the …

A Senior Faculty Member’S Favorite Sabbatical: My Teaching Sabbatical, John B. Mitchell

Faculty Articles

Professor John Mitchell had taken several typical sabbaticals—travel and research culminating in several articles and a book—and up until the last minute, his spring 2009 sabbatical promised nothing very different. And then with a single phone call, his sabbatical book project collapsed. There was nothing else about which he was passionate at that time, and it seemed stupid to arbitrarily choose a topic and then spend the next four years writing a book he didn't care about. In the midst of scrambling desperation, the idea of a sabbatical focused not on a scholarly project, but on his primary teaching focus …

The Status Of Clinical Faculty In The Legal Academy: Report Of The Task Force On The Status Of Clinicians And The Legal Academy, Bryan Adamson

Faculty Articles

In the midst of ongoing debates within the legal academy and the American Bar Association on the need for "practice-ready" law school graduates through enhanced attention to law clinics and externships and on the status of faculty teaching in those courses, this report identifies and evaluates the most appropriate modes for clinical faculty appointments. Drawing on data collected through a survey of clinical program directors and faculty, the report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of …

Role, Identity, And Lawyering: Empowering Professional Responsibility, Natasha Martin

Faculty Articles

This piece was written for a program held by the American Association of Law Schools Section on Law and Humanities, "Excavating and Integrating Law and Humanities in the Core Curriculum," on January 5, 2012.The Professional Responsibility course has the potential to have the greatest impact on our students' futures in the profession. Paradoxically, however, it remains one of the most undervalued courses in most law school curricula. The complexity of teaching Professional Responsibility is well documented by scholars. Most teachers in this area, novices and veterans alike, acknowledge the challenge of teaching a course whose subject matter and application is …

It's Not Purely Academic: Using Practitioners To Increase The Rigor And Practical Learning In Scholarly Writing, Karen Thornton

GW Law Faculty Publications & Other Works

Law schools that are building new courses and adding to their existing curriculum in an effort to offer more practical legal training may be overlooking the practical skills that can be developed through an existing graduation requirement - upper level writing. At The George Washington University Law School a practitioner-taught Scholarly Writing course focuses on the practical application of academic writing and prepares 2L students for the demanding expectations of the 2L summer associateship/internship. This Article describes the ABA standard for upper level writing, explains how the adjunct-taught program at GW Law provides skills training and professional development, and addresses …

Dialogue Magazine, Winter 2012

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

How Can Better Food Labels Contribute To True Choice?, J. C. Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Public Interest 101: Using The Law School Curriculum To Quell Public Interest Drift And Expand Students' Public Interest Commitment, Lynn A. Addington, Jessica L. Waters

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Reflections Upon Transitions: An Essay On Learning How To Teach After Practicing Law, C. Benjie Louis

Hofstra Law Faculty Scholarship

Every academic year, new law school faculty enter legal academia. Many of these new teachers are practitioners with varying levels of legal practice experience. While the transition from practice to teaching is particular to each person, for clinical professors there are some specific challenges that transform our professional identity. Clinical professors wear many hats: teacher, lawyer, mentor, and scholar. Navigating those many hats and adjusting to various goals of teaching emerging attorneys is only a couple of challenges. Other challenges include changing the focus of our professional identity from career-centered, in its many facets, to student centered.

A core component …

Don S. Redd V. Virginia Hill : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT-DEFENDANT, VIRGINIA HILL

The Internationalization Of American Family Law, Barbara Stark

Hofstra Law Faculty Scholarship

Even fifty years ago, the United States was a superpower and Americans traveled for pleasure and worked abroad. Then, like now, the United States was a magnet for immigrants seeking freedom, or asylum, or opportunity. Then, like now, human relationships crossed geographical and political boundaries, challenging the limits of family law.

But globalization and the vast migrations of capital and labor that have accompanied it in recent decades have transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join …

A Pennsylvania Road Construction Project Completed: The Attorney-Client Privilege In Pennsylvania Clarified As A Two-Way Street In Gillard V. Aig Insurance Co., Andrew Hubley

Villanova Law Review (1956 - )

No abstract provided.

Lawyers Intentionally Inflicting Emotional Distress, Alex B. Long

Seton Hall Law Review

No abstract provided.

The Status Of Clinical Faculty In The Legal Academy: Report Of The Task Force On The Status Of Clinicians And The Legal Academy, Bryan L. Adamson, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal, Calvin G. C. Pang, David A. Santacroce

Other Publications

In the midst of ongoing debates within the legal academy and the American Bar Association on the need for 'practice-ready" law school graduates through enhanced attention to law clinics and externships and on the status of faculty teaching in those courses, this report identifies and evaluates the most appropriate modes for clinical faculty appointments. Drawing on data collected through a survey of clinical program directors and faculty, the report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of …

Using The Critical Incident Technique To Research Decision Making Regarding Access To Training And Development In Medium-Sized Enterprises, Alan Coetzer, Janice Redmond, Jalleh Sharafizad

Research outputs 2012

Employees in small and medium-sized enterprises (SMEs) form part of a 'disadvantaged' group within the workforce that receives less access to training and development (T & D) than employees in large firms. Prior research into reasons for the relatively low levels of employee participation in training and development has typically involved surveys of owner/manager opinions. A novel and potentially more fruitful line of inquiry is investigating decisions managers have actually made regarding employee access to T & D. Building on this idea, we describe how the critical incident technique (CIT) was applied in our exploratory study of managerial decision making …